(C)
"Retail
establishment" means a place of business open to the general public for the
sale of goods or services. "Retail establishment" does not include a filling
station or service station, with a structure of eight hundred square feet or
less, that has an employee toilet facility located within that structure.

(A)
Any
retail establishment that has a toilet facility for its employees is encouraged
to permit a customer to use that facility during normal business hours if the
toilet facility is reasonably safe and all of the following conditions are met:

(1)
The customer requesting the use of the
employee toilet facility suffers from an eligible medical condition or utilizes
an ostomy device.

(2)
The employee
toilet facility is not located in an area where providing access would create
an obvious health or safety risk to the customer or an obvious security risk to
the retail establishment.

(3)
A
public restroom or employee restroom normally available to the public is not
immediately accessible to the customer.

(B)
This section does not require a retail
establishment to make any physical changes to an employee toilet facility.

(C)
No restroom facility, by
reason of being made available to a customer pursuant to this section, shall be
considered a public facility for the purpose of laws or regulations that
generally govern facilities available to the public. That restroom facility
shall be governed by the laws and regulations that otherwise would govern the
facility if it were not made available to a customer pursuant to this section.

No retail establishment or an employee of a retail
establishment shall be liable in any civil action for an injury or death of a
customer resulting from any act or omission in allowing a customer to use an
employee toilet facility pursuant to section
4173.02 of the Revised Code if the
act or omission is not willful or grossly negligent.